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Thursday, September 23, 2004
ABC board to fire lawyer who handled case before SC
THE board officials of the Cebu City Association of Barangay Councils (ABC) is terminating the services of its legal consultant whom they blamed for the Supreme Court’s order to file criminal complaints against them.
Saying they already lost trust and confidence in lawyer Raul Bitoon, the 11 ABC officials led by its president, Councilor Eugenio Faelnar, agreed in a consensus Friday last week to end their consultant’s contract by Sept. 30.
Bitoon, who is getting P15,000 monthly, was hired as consultant from January to December 2004.
Pahina Central Bara-ngay Captain Sisinio Andales, a board official and ABC’s new lawyer, said Bitoon’s failure made them decide to end their lawyer-client relationship with him.
Clause
Tessa Cang, ABC administrative officer, said that although it was not explicitly stated in the contract that loss of trust and confidence was a ground for its termination, there was a clause where Bitoon should work for the ABC’s “best interest.”
Bitoon’s failure to ensure all documents were submitted put the ABC officials in a tight spot instead, Cang added.
The ABC officials came up with the decision after the Supreme Court (SC) ordered the filing of criminal complaints against them. They believed it was Bitoon who is to be blamed for the debacle.
In a July 26 decision, the SC Third Division dismissed on mere technicality the ABC officials’ petition asking for a temporary restraining order on two criminal complaints filed against them by a former ABC engineer.
Failure
Bitoon failed to submit two documents pertinent to the ABC officials’ petition for certiorari, prompting the SC to dismiss it outright.
The lawyer failed to provide copies of the petition to the Office of Ombudsman-Visayas and complainant engineer Leah Rondez and to submit certified true copies.
The complaints were in relation to Rondez’s dismissal when the new ABC officials led by Faelnar took over.
Rondez filed two criminal complaints and two administrative complaints against Faelnar, Cang, 10 ABC board members, and Civil Service Commission Chief Tomas Ramos.
The ombudsman cleared Cang and Ramos in all complaints while Barangay Captain Lorenzo Basamot of Kamputhaw was found guilty in two complaints, one criminal and one administrative.
Except for Basamot, the rest of the ABC officials were to be suspended for six months.
The ABC officials’ administrative cases are pending with the Court of Appeals (CA), which failed to render a decision after the lapse of the 60-day temporary restraining order it granted last July 2.
Because of that, the Office of the Ombudsman-Visayas, in a Sept. 13 order, told the Department of Interior and Local Government 7 to enforce the suspensions.
Andales said they already filed with the SC a petition for review and will also file with the Regional Trial Court a motion to quash the Ombudsman order once the board members receive a copy of the order. (RHM)
(September 23, 2004 issue)
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